Patna High Court
Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted bail to the petitioner, finding no specific accusation against him in the FIR and noting his clean antecedent.
Summary
The petitioner, Ajit Kumar, was implicated in a case (Saharghat P.S. Case No. 78 of 2025) involving the death of an informant's son, alleged to have been caused by a tractor run over by co-accused Chandan Kumar. The petitioner owned the tractor but the FIR specifically accused Naresh Thakur of exhortation and Chandan Kumar of the act, with no direct allegation against the petitioner. The petitioner applied for bail, asserting no criminal antecedent and no participation beyond being present. The State opposed bail, arguing ownership of the tractor indicated complicity. The Court examined the FIR, noted the lack of any specific charge against the petitioner, and considered his clean record, granting bail subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner, as owner of the tractor and present at the scene, should be denied bail on grounds of alleged complicity
- Whether the FIR’s specific accusations against other co-accused preclude bail for the petitioner
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 103(1), 3(5), 482(2)
Subjects
- bail
- criminal procedure
- ownership of vehicle
- complicity
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- culpable homicide
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92052 of 2025
Arising Out of PS. Case No.-78 Year-2025 Thana- SAHARGHAT District- Madhubani
======================================================
Ajit Kumar S/o Raj Narayan Thakur @ Booke Thakur @ Banke Thakur
(Wrongly mention age of the petitioner in Impugned Order) R/o Village -
Baingra, P.S - Saharghat, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagandeo Yadav, Adv.
Mr.Ravi Prakash, Adv.
Mr. Udeshya Kumar Yadav, Adv.
For the Opposite Party/s : Mr.Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 28-01-2026 Heard learned Advocate for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Saharghat P.S. Case No. 78 of 2025, registered for the
offences punishable under Sections 103(1), 3(5) of the BNS.
3. Allegedly, on the fateful day, while the deceased
son of the informant was walking on a road, in the meanwhile,
co-accused Chandan Kumra came there with a tractor and
started making quarrel with him; whereupon co-accused
Chandan Kumar by making a telephonic call, called his father
and family members. It is further alleged that soon thereafter the
father and the petitioner, who happens to be uncle of co-accused
Patna High Court CR. MISC. No.92052 of 2025(2) dt.28-01-2026
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Chandan Kumar, came there and they also indulged in quarrel,
in the meanwhile, on the exhortation made by co-accused
Naresh Thakur, Chandan Kumar ran over the tractor over the
son of the informant and fled away. Later on, the informant’s
son succumbed to the injuries.
4. Learned Advocate for the petitioner taking this
Court through the FIR contended that the specific accusation of
exhortation has been made against Naresh Thakur, whereupon it
is Chandan Kumar, who had ran over the tractor over the son of
the informant due to which he died. There is no whisper that this
petitioner has anyhow participated in the crime, save and except
he was present there. It is further contended that be that as it
may, the petitioner bears no criminal antecedent and he
undertakes that he will fully cooperate in the proceeding of the
court.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that the
tractor in question which was used in the crime is owned by the
petitioner and, as such, his complicity cannot be denied, as he
was also present at the place of occurrence.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
Patna High Court CR. MISC. No.92052 of 2025(2) dt.28-01-2026
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of the specific accusation against co-accused Naresh Thakur
and Chandan Kumar, who have actively participated in the
crime, besides the fair antecedent of the petitioner and no role
has been assigned in the FIR, let the petitioner abovenamed be
released on bail, in the event of his arrest or surrender before the
court below within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
bonds of Rs.20,000/- (twenty thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Benipatti, Madhubani/ concerned court in
connection with Saharghat P.S. Case No. 78 of 2025, subject to
the conditions laid down in Section 482(2) of the Bharatiya
Nagrik Suraksha Sanhita, 2023, with the further conditions that
one of the bailors shall be the own/close family members of the
petitioner.
(Harish Kumar, J)
Anjani/-
U T
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